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23 Council Member Strathern request to deliverate on disannexing a 675.13 acre tract of landCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Depattment: Presented By: Agenda Item No.: 08/04/08 Council Date: City Council Kevin Carruth 23• 08/ 11 /08 RECOMMENDED MOTION: POLICY ISSUE(S): Fiscal management BACKGROUND: This item was requested by Council Member Strathern to deliberate on disannexing a 675.13 acre tract of land on State Highway 271 South beginning three-quarters (3/4) miles southeast of Loop 286 SE along the north right-of-way line Highway 271 South to a point southeast of the Meadowbrook Cemetery. This 668.3 acre area was annexed in 1997. According to the Ciry Engineer, the City has no infrastructure invested in this area because the properties are served by Lamar County Water Supply District, have septic systems, and own the roads in the subdivision. According to information provided by Lamar County Appraisal District, there are 25 properties in the area valued at $3,433,106.00 for 2008. Since annexation, the City has collected $131,088.72 in ad valorem taxes and provided $2,317,695.54 in Fire, Police and Library Services. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolurion, Request from Bill Strathern, and Chart reflecting value of services provided ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report Z Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z Ciry Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - 00025 / DRAFT Attorney\reswork\current\Disannexation Trails End - Intent Res 2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, STATING THE INTENT OF THE CITY OF PARIS, PURSUANT TO CHAPTER 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, TO DISANNEX A 675.13 ACRE TRACT OF LAND ON STATE HIGHWAY 271 SOUTH, BEGINNING THREE-QUARTERS (3/4) MILES SOUTHEAST OF LOOP 286 SE ALONG THE NORTH RIGHT-OF-WAY LINE OF HWY 271 TO A POINT SOUTHEAST OF THE MEADOWBROOK CEMETERY, FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS; ESTABLISHING HEARING DATES; PROVIDING FOR PERSONAL A1VD PUBLISHED NOTICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has presented to the City Council proposals for disannexation of property currently located within the City Limits of the City of Paris; and, WHEREAS, the City Council desires to initiate proceedings pursuant to Chapter 7 of the City Charter and Section 43.142 of the Local Government Code to disannex a 675.13 acre tract of land on State Highway 271 South, beginning three-quarters (3/4) miles southeast of Loop 286 SE along the north right-of-way line of Hwy 271 South to a point southeast of the Meadowbrook Cemetery, forming a portion of the current boundaries of the city limits of the City of Paris as otherwise described herein; and, WHEREAS, the City Council desires to provide for notice of public hearings, establish the dates for public hearings, and establish the dates to institute and complete said disannexation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That by adoption of this resolution, the City Council does hereby state its intent to disannex a 675.13 acre tract of land on State Highway 271 South, beginning three-quarters (3/4) miles southeast of Loop 286 SE along the north right-of-way line of Hwy 271 South to a point southeast of the Meadowbrook Cemetery, currently forming a portion of the outer boundaries of the city limits of the City of Paris, said tract of land being more specifically described in Exhibit A attached hereto and for all purposes incorporated herein. _ 000258 Section 3. That on or before August 13, 2008, actual written notice of the Citys intent to disannex the aforesaid area shall be mailed to each property owner in said area proposed for disannexation; to each public entity, including, but not limited to Lamar County, the appropriate school districts as well as any and all other public entities which will have to assume responsibility for certain public services following the aforesaid disannexation; and to each railroad company, if any, that serves the municipality if part of the company's right-of-way is in the area proposed for disannexation. Section 4. That the first public hearing regarding said proposed disannexation shall be conducted by City Council at its special called meeting on September 15, 2008, with notice of said public hearing to be carried on the City's internet website and to be published at least once in the Paris News within the time frame beginning, August 26, 2008, and ending September 4, 2008. Section 5. That the second public hearing regarding said proposed disannexation shall be conducted by City Council at a its regular meeting on September 22, 2008, with notice of said public hearing to be carried on the Cit/,s internet website and to be published at least once in the Paris News between the time frame beginning September 2, 2008, and ending September 11, 2008. Section 6. That City Council shall consider an ordinance calling for the disannexation of the aforesaid described tract at City Council's regular meeting of October 20, 2008. Section 7. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 11th day of August, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney m 00025J Situated SOUTH 70° EAST 4 MILES, more or less, of the City of Paris, County of Lainar, and State of Texas, being a part of the John W. Williams Survey Abstract No.1001, and the Joseph Leach Survey Abstract No. 524, and being more particularly described as follows: BEGINNING at a point in the south right-of-way line of U.S.Hwy 271 S. (Clarksville St), said point being Southerly a distance of 345.90' along the west boundary line of said Williams Survey and the east boundary line of said Leach Survey and Southeasterly along the south right-of-way line of U.S.Hwy 271 S. a distance of 2,024.80', for the northwest corner of that certain 5.04 acre tract of land described in deed dated December 7, 2005, to White, recorded in Vol. 1694, Pg. 100, Lamar County Official Public Records (L.C.O.P.R.); THENCE NORTH 21 ° 51' 07" EAST 110.65', to a point in the north right-of-way line of U.S.Hwy 2715. (Clarksville St); THENCE SOUTH 54° 50' 30" EAST 7,142.35', along the north right-of-way line of U.S.Hwy 271 S. (Clarksville St) to a point in said north right-of-way line; THENCE SOUTH 22° 31' 39" WEST 102.32', to a point in the south right-of-way line of U.S.Hwy 271 S. (Clarksville St), said point being the northeast corner of that certain tract of land described in deed dated August 4, 1997, to Texas Conference Association of Seventh Day, recorded in Vol. 710, Pg. 60, Lamar County Deed Records (L.C.D.R.); THENCE SOUTH 22° 31' 07" WEST 1,454.40', along the east boundary line of said Texas Conference Association of Seventh Day tract, passing the southeast corner of said tract and continuing along the east baundary line of that certain tract of land described in deed dated January 1, 2006, to Ferguson, recarded in Vol. 1711, Pg. 61, L.C.O.P.R., to a point in the east boundary line of said Ferguson tract and the south boundary line of said Williaxns Survey; THENCE SOUTH 88° 33 S9" WEST 6,856.28', along the south boundary line of said Williams Survey to a point being the southwest corner of said Williams Survey and the southeast corner of said Leach Survey, said point also being the most easterly southeast corner of that certain 152.11 acre tract of land described in deed dated August 19, 1993, to McLemore, recorded in Vol. 381, Pg. 129, L.C.D.R.; THENCE NORTH 10 02' S3" WEST 269.45', along the west boundary line of said Williams Survey, the east boundary line of said Leach Survey and the west boundary line of said McLemore tract to a point, continuing along said boundary NORTH 1° 06' 16" WEST 3,366.18', to a point in the center of the Big Sandy Creek, said point being in the east boundary line of said Leach Survey, the west boundary line of said Williams Survey, and being the southeast corner of that certain 15.78 acre tract of land described in deed dated October 10, 2005, to Whaley, recorded in Vol. 1672, Pg. 15, L.C.O.P.R.; EXHIBITA - 000260 THENCE along the center of said creek as follows: SOUTH 64° 37' 23" WEST 19.00' to a point, SOUTH 42° 3723" WEST 57.00' to a point, NORTH 83° 22' 37" WEST 60.00' to a point, NORTH 27° 52' 37" WEST 54.00' to a point, NORTH 12° 07' 37" WEST 103.00' to a point, NORTH 59° 07' 37" WEST 32.00' to a point, SOUTH 50° 52' 23" WEST 175.00' to a point, NORTH 70° 37' 37" WEST 119.00' to a point, NORTH 81 ° 22 37" WEST 175.00' to a point, NORTH 59° 22' 37" WEST 91.00' to a point, NORTH 82° 07' 37" WEST 96.00' to a point, NORTH 48° 52' 37" WEST 60.00' to a point, NORTH 5° 22' 23" EAST 102.00' to a point, NORTH 30° 22' 37" WEST 67.00' to a point, NORTH 70° 52' 37" WEST 90.00' to a point, NORTH 59° 07' 37" WEST 530.00' to a point, NORTH 66° 52' 37" WEST 78.00' to a point, NORTH 51° 52 37" WEST 58.00' to a point for the northwest corner of said Whaley tract; THENCE NORTH 880 56' 23" EAST 1,477.00, along the north boundary line of said Whaley tract to a point for the northeast corner of said Whaley tract and the southwest corner of that certain 4.93 acre tract of land described in deed dated February 26, 1992, to Xavier, recorded in Vol. 267, Pg. 185, Lamar County Real Property Records (L.C.R.P.R.); THENCE NORTH 1° 18' 26" WEST 629.57', along the west boundary line of said Xavier tract to a point for the northwest corner of said Xavier tract; THENCE NORTH 880 17' 39" EAST 1,455.69', along the north boundary lines of said Xavier tract, that certain. 5 acre tract of land described in deed dated May 1, 1998, to Oglesby, recorded in Vol. 771, Pg. 316, L.C.R.P.R., and those three certain 5 acre tracts of land described in deeds dated December 12, 1997, to Strathern, recorded in Vol. 737, Pg. 93, L.C.R.P.R., and January 22, 1992, recorded in Vol. 262, Pg. 45, L.C.R.P.R., to a point in the north boundary line of said Strathern tract for the southwest corner of said White tract; THENCE NORTH 21 ° 51' 07" EAST 626.43', along the west boundary line of said White tract to the POINT OF BEGINNING and containing 675.13 acres of land, more or less, which 17.01 acres, inore or less, is within the right-of-way of U.S.Hwy 271 S. (Clarksville St). = 000261 Janice Ellis From: Kevin Carruth Sent: Monday, August 04, 2008 1:43 PM To: Janice Ellis; Kent Mcllyar Subject: Fw: Request Kevin Carruth City Manager From: Bs9525@aol.com To: Kevin Carruth Sent: Mon Aug 04 13:29:18 2008 Subject: Re: Request Kevin, Please consider this email as a formal request for unilateral disannexation of my neighborhood. Would appreciate this be placed on the agenda for the next city council meeting. Mrs.Sherrie White is our spokesperson. She may be reached at 903 784 5069 or contact me. Thanks, Bill Strathern UO[1263 Value of Services Provided Proposed 2008 Disannexation Actual Department Expenditures Year Police Fire Library 1998 $ 4,001,644 $ 2,506,299 $ 620,041 1999 $ 4,283,524 $ 3,351,317 $ 706,498 2000 $ 4,694,935 $ 3,125,723 $ 682,798 2001 $ 4,616,827 $ 4,286,691 $ 729,600 2002 $ 4,982,911 $ 3,248,165 $ 720,407 2003 $ 5,171,804 $ 3,177,374 $ 1,026,736 2004 $ 5,156,458 $ 3,363,719 $ 792,023 2005 $ 4,977,605 $ 3,346,793 $ 595,787 2006 $ 4,679,748 $ 3,023,230 $ 601,137 2007 $ 4,807,872 $ 3,122,179 $ 562,117 Total $ 47,373,328 $ 32,551,490 $ 7,037,144 668.3 Acres in proposed disannexation area 25075.2 Total acres in city 0.02665183129 Percentage of disannexed area to total city $ 86,961,962 Total of police, fire, and library expenditures since annexation 0.02665183129 Percentage of disannexed area to total city $ 2,317,695.54 Total value of police, fire, and library services provided since annexation $ 2,317,695.54 Total value of police, fire, and library services provided since annexation $131,088.72 Total ad valorem taxes paid since annexation ($2,186,606.82) Net revenue benefit/(loss) to City City of Paris - 00026"1 Revised 8/06/08